Ministry of Health clarifies draft organ donation law amendments

On October 27, the Ministry of Health held a press briefing to clarify draft regulations surrounding organ donation amid public concerns. The draft law is still being finalized and revised before submission to the National Assembly. The Ministry aims to address shortcomings in the existing law that has been in effect for the past 20 years. Minister Lan emphasized that life-or-death situations often arise for individuals with chronic organ failures, making organ transplantation a matter of urgency.

Lan stated that the draft law is designed to bring the most benefits to people, especially those waiting for organ transplants, and in a non-coercive manner. The draft expands opportunities for saving more patients, including children, while maintaining strict regulations on conditions, prohibited behaviors, and eligible candidates. Despite potential technicalities and unaddressed issues, the drafting agency will incorporate feedback from National Assembly deputies and relevant parties to finalize the draft law.

Dr. Angela Pratt, WHO representative in Vietnam, supported the enabling of life-saving donation and transplantation, including involving children, provided the best interests of the child are paramount and robust safeguards are in place. She cited Australia's approach as an example, where a structured opt-in system allows young people to participate in donor choices while retaining family involvement and maintaining clinical governance.

Pratt noted that Vietnam's draft law aligns broadly with WHO guidance and international practice, with potential scope for strengthening provisions concerning safeguards, especially for minors, and implementation arrangements. The Law on Donation, Procurement, and Transplantation of Human Tissues, Organs, and Cadavers has been in effect since 2006, with 11,187 organ transplants performed nationwide since the first transplant in 1992.